Enbriidge Pipelines (Midla) L. L. C.

FIFTH REVISED VOLUME NO. 1

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Effective Date: 10/01/2009, Docket: RP09-980-000, Status: Effective

Second Revised Sheet No. 183 Second Revised Sheet No. 183

Superseding: Substitute First Revised Sheet No. 183

 

(c) security interest in collateral found to be satisfactory to

Pipeline; or

 

(d) a guarantee, acceptable to Pipeline, by another party or

entity which satisfies credit appraisal.

 

Such advance deposit, standby irrevocable letter of credit,

security interest or guarantee shall at all times equal an amount

equivalent to three (3) Months of transportation (or sales if

applicable) at a one hundred percent (100%) load factor of the

requested MDQ at the maximum applicable unit rate hereunder. If

Customer's credit standing ceases to meet Pipeline's credit

requirements during the period of service, then Pipeline has the

right to require security or a deposit as specified herein. If

security or a deposit is not tendered in a timely period as

reasonably determined by Pipeline, then Pipeline is not required

to continue service. If Customer is unable to maintain credit

approval, the executed Service Agreement shall terminate as of the

first Day of the Month following written notice to Customer.

 

26.3 At any time after the Customer is determined to be noncreditworthy

by Midla, the Customer may initiate a creditworthiness re-

evaluation. As part of the reevaluation request, the Customer

should either update or confirm in writing the prior information

provided to Midla related to the Customer's creditworthiness.

Such update should include any event(s) that the Customer believes

could lead to a material change in the Customer's

creditworthiness.

 

26.4 After Midla's receipt of Customer's request for re-evaluation,

including all required information pursuant to NAESB WGQ Standard

0.3.8 ("SR's Request"), within five (5) Business Days, Midla

should provide a written response to the Customer's Request. Such

written response should include either a determination of

creditworthiness status, clearly stating the reason(s) for Midla's

decision, or an explanation supporting a future date by which a

re-evaluation determination will be made. In no event should such

re-evaluation determination exceed twenty (20) Business Days from

the date of the receipt of the Customer's Request unless specified

in Midla's tariff or if the parties mutually agree to some later

date.